RUSSIA — ANTI-DUMPING DUTIES ON LIGHT
COMMERCIAL VEHICLES
FROM GERMANY AND Italy
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 13 April 2017,
from the Chair of the Appellate Body to the Chair of the Dispute Settlement
Body, is being circulated to Members.
_______________
I am writing to you
pursuant to Article 17.5 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), which stipulates that, as a general rule, the
Appellate Body will circulate its Report no later than 60 days after the
appellant has formally notified the Dispute Settlement Body (DSB) of its
decision to appeal. Article 17.5 states, furthermore, that when the Appellate
Body considers that it cannot provide its Report within 60 days, it shall
inform the DSB in writing of the reasons for the delay together with an
estimate of the period within which it will submit its Report.
Russia notified the DSB on
20 February 2017 of its decision to appeal certain issues of law covered in the
Panel Report and legal interpretations developed by the Panel in this case,
with the result that the 60‑day period expires on Friday, 21 April 2017. Due to
the time required to hear and decide this appeal, the Appellate Body is not
able to circulate its Report by this date.
The Appellate Body faces a
substantially enhanced workload in 2017, with several appeals proceeding in
parallel, and there is overlap in the composition of the Divisions hearing the
different appeals. Due to the scheduling issues arising from these
circumstances, the number and complexity of the issues raised in this and
concurrent appellate proceedings, together with the demands that
these concurrent appeals place on the WTO Secretariat's translation
services, and the shortage of staff in the Appellate Body Secretariat, the
Appellate Body will not be able to circulate its Report
in this dispute within the 90‑day timeframe provided for in Article 17.5
of the DSU.
The circulation date of
the Appellate Body Report in this appeal will be communicated to the
participants and third participants after the oral hearing.